John Rothchild

John Rothchild

Professor of Law; Faculty Director, Master of Studies in Law Program

John Rothchild

  • Biography

    Professor Rothchild has been a member of the Wayne Law faculty since 2001. He is a co-author of Internet Commerce, a law school casebook published by Foundation Press, which has been adopted for classroom teaching at more than 30 law schools.  From 1991 to 2001, Professor Rothchild was an attorney at the Federal Trade Commission's Bureau of Consumer Protection, specializing in law enforcement efforts addressing Internet-based fraud and online compliance issues. For several years he led the commission's international consumer protection program. He served as chair of the Organization for Economic Cooperation and Development's Consumer Protection Guidelines Project, which developed guidelines for controlling fraudulent and misleading conduct in electronic commerce. He also served as a member of the U.S. delegation to the OECD's Committee on Consumer Policy, and of the U.S. delegation to the International Marketing Supervision Network. From 1998 to 1999, he was engaged in research and writing as a Fellow at the University of Chicago Law School, where he received the Victor H. Kramer Foundation fellowship. From 1987 to 1991, he was an associate in the Washington, D.C., law firm of Bredhoff & Kaiser, representing labor unions and pension plans. He was a law clerk for the Hon. Arlin M. Adams, U.S. Court of Appeals for the Third Circuit, from 1986 to 1987.

    Course website:

  • Degrees and Certifications

    J.D., University of Pennsylvania Law School
    A.B., Princeton University

  • Courses Taught

    The Law of Electronic Commerce
    Copyright Law
    International Intellectual Property Law
    Constitutional Law
    Ancient Greek and Roman Law
    Trademarks and Unfair Competition


  • Selected Publications

    Book Chapters

    "Social Media and Advertising," in Social Media and the Law (Practising Law Institute 2013)

    "Immunity for Online Speech Intermediaries," in Internet Law for the Business Lawyer (American Bar Assoc. 2d ed. 2012)

    "Consumer Law and the Internet," in Handbook of International Consumer Law and Policy (Edward Elgar Pub'g 2010) (with Patrick Quirk)


    Exhausting Extraterritoriality, 51 Santa Clara L. Rev. 1187 (2011)

    Book Review (The Cambridge Companion to Ancient Greek Law, edited by Michael Gagarin & David Cohen (Cambridge University Press, 2005)), 56 Amer. J. Comp. L. 1095 (2008)

    The Social Costs of Technological Protection Measures, 34 Fla. St. U. L. Rev. 1181 (2007)

    Economic Analysis of Technological Protection Measures, 84 Oregon L. Rev. 489 (2005)

    The Incredible Shrinking First-Sale Rule: Are Software Resale Limits Lawful?, 57 Rutgers L. Rev. 1 (2004)

    Menacing Speech and the First Amendment: A Functional Approach to Incitement that Threatens, 8 Tex. J. Women & L. 207 (1999)

    Protecting the Digital Consumer: The Limits of Cyberspace Utopianism, 74 Ind. L.J. 893 (1999)

    Making the Market Work: Enhancing Consumer Sovereignty Through the Telemarketing Sales Rule and the Distance Selling Directive, 21 J. Consumer Pol'y 279 (1998)


  • Social Science Research Network
  • Books

    Internet Commerce: The Emerging Legal Framework (Foundation Press, 2d ed.) 2006 with co-authors Radin, Reese, and Silverman

    This casebook offers a grounding in the legal issues that arise in connection with doing business using the Internet. Topics covered include online contracts, government regulation, privacy, trademarks, copyright, consumer protection, spam and other electronic intrusions, liability of Internet service providers, electronic payment systems, and taxation of online commerce.

  • Accomplishments
    • John Rothchild co-edited the book “Cloud 3.0: Drafting and Negotiating Cloud Computing Agreements” with Lisa R. Lifshitz.
    • John Rothchild wrote “Against Notice and Choice:  The Manifest Failure of the Proceduralist Paradigm to Protect Privacy Online (or Anywhere Else)” for the Cleveland State Law Review. Read the full article.
    • John Rothchildwas the luncheon speaker at a meeting of the Michigan Intellectual Property Law Association on Oct. 25.  The title of his talk was “Artificial Intelligences as Consumers and Creators of Intellectual Property.”